Consumer Panel Orders Full Refund After Man Receives Counterfeit Phone Instead of iPhone 14 Pro
A consumer in Anoopshahr has won a significant ruling against e-commerce giant Flipkart after receiving a counterfeit smartphone instead of the iPhone 14 Pro he ordered. The district consumer disputes redressal commission in Bulandshahr has ordered Flipkart to refund Rs 1,43,335 to the customer, Om Prakash Singh, along with additional compensation for mental harassment and litigation costs.
Case Background
Singh placed his order on May 29, 2023, paying the full amount via credit card. Upon delivery, he discovered that the package contained a green Chinese smartphone with a fake Apple logo, lacking the three-camera setup of the iPhone 14 Pro. The delivery was made to an address in R.K. Puram, New Delhi, and Singh recorded the unboxing process on video, which he later shared with Flipkart’s customer service.
After realizing the discrepancy, Singh immediately contacted Flipkart to initiate a return. However, his request was canceled by the seller, and he faced difficulties in getting a resolution. Singh claimed that the seller marked the product as damaged without proper inspection and failed to address his concerns despite multiple attempts to resolve the issue through customer service.
Commission’s Findings
In its defense, Flipkart argued that it acts solely as an intermediary between customers and third-party sellers. The company maintained that Singh had the opportunity to inspect the package upon delivery and should have refused it if he noticed any issues. Flipkart denied any allegations of fraud or harassment, asserting that it bore no responsibility under the Consumer Protection Act.
However, the consumer commission found Flipkart’s arguments unconvincing. The commission, led by Justice Hasnain Qureshi, determined that the company had engaged in unfair trade practices and exhibited serious deficiencies in service. As a result, Flipkart was ordered to refund the full amount to Singh, along with 7% annual interest from the date of the complaint. Additionally, the commission mandated that Flipkart pay Rs 30,000 in compensation, which includes Rs 20,000 for mental harassment and Rs 10,000 for litigation costs. Flipkart has 45 days to comply with the order, failing which the amount will accrue interest at 8% per annum.
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